Assault charges now frequently accompany applications brought by the police for AVO’s in domestic disputes. The circumstances where assault charges can be laid are not limited to acts of violence but can include situations where threatening words and conduct are allegedly involved. In emotionally charged domestic or other personal disputes, you need to be aware of possible defences that may be available if you are charged by the police.
WHAT IS YOUR NEXT STEP ONCE YOU HAVE BEEN CHARGED WITH THE OFFENCE?
It is important to seek legal advice regarding entry of a plea and possible defences as soon as possible as Magistrates are reluctant to adjourn assault charge matters more than once before a plea is entered. An early guilty plea, where this is appropriate, can benefit you on sentencing as the Court will allow a “discount” on the penalty that would usually be imposed.
WHAT ARE YOU
ABLE TO APPEAL?
If you are convicted, you can appeal the conviction itself or the penalty imposed against you. Any appeal must be lodged within 28 days from the day you were convicted otherwise you will need leave to appeal. There is no guarantee that the Court will grant you leave to appeal.
WHEN SHOULD YOU
CONSULT A LAWYER?
It is essential for you to speak to a lawyer before agreeing to be interviewed by the police. It may be appropriate for you to decline an interview in some cases or attend an interview with your lawyer before questions are put to you.
WHAT ARE THE
LEGAL COSTS INVOLVED?
The cost of legal representation in assault charge matters varies considerably. Some matters are straight forward and others are complex and challenging. It is not always possible to get an accurate appraisal of the legal costs involved from another assault charge matter because the work involved can vary considerably.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
It is important to have legal representatives who are aware of your personal circumstances as well as provided you with technically sound advice. Brydens Lawyers will have your personal circumstances in mind in representing you. An outcome that is both practical and workable for you will be our objective
LATEST NEWS FROM LEE
Following my recent post concerning medical negligence claims an enquiry was received as to whether it was also possible to sue lawyers and judges in the event that they have been negligent.
The simple answer is yes and no.
A lawyer can quite readily be sued if it is established, again ultimately to the satisfaction of the court, that the lawyer has been negligent and that as a result of that negligence, the client has suffered injury, loss or damage. The question of negligence is determined by reference
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